The HC dismissed the petition on the ground that efficacious ...

Tax Dispute Resolution: Utilize Statutory Remedies Before Knocking Judicial Doors.

December 23, 2024

Case Laws     GST     HC

The HC dismissed the petition on the ground that efficacious alternative statutory remedies of appeal were available to the petitioner. Freezing of the petitioner's bank account did not violate principles of natural justice as it would not affect the petitioner's ability to institute an appeal by making the pre-deposit. The HC relied on precedents like Oberoi Constructions Ltd and Greatship (India) Limited, which emphasized exhaustion of statutory appellate remedies before entertaining writ petitions, especially in cases involving factual inquiries or classification disputes. The HC noted the tendency to bypass statutory remedies and held that general averments cannot justify bypassing such remedies. The petition was dismissed, and the petitioner was relegated to the alternative remedy of appeal before the Appellate Authority.

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